Author: rjglbadmin

Enhancing the WTO Tool Kit: The Case For Financial Compensation

By: Rebecca Ullman

 

World Trade Organization Dispute Settlement Understanding 160 represents an intersection of domestic law and international law. The subject of Dispute Settlement Understanding 160 (“DSU 160”) is the Fairness in Music Licensing Act, an American legislative act that extended copyright protection terms and carved out significant exemp- tions for commercial establishments. 1 The exemptions set forth in the Fairness in Music Licensing Act (“FMLA”) conflict with U.S. interna- tional intellectual property obligations such that one must question whether there should be new and different remedies available to assist parties in meeting their international obligation.

 

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Stretching the Dispute Settlement Understanding: U.S.—Cotton’s Relaxed Interpretation of Cross-Retaliation in the World Trade Organization

By: David J. Townsend

 

In August 2009, the World Trade Organization (“WTO”) au-thorized Brazil to impose sanctions against the United States for its continued subsidization of cotton producers 1 in violation of the WTO Agreement on Subsidies and Countervailing Measures (“SCM Agrement”) 2 and the Agreement on Agriculture. 3 The WTO approved Bra- zil’s use of sanctions outside the General Agreement on Tariffs and Trade (“GATT”), 4 authorizing cross-retaliation against rights owed to the United States under the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”). 5 This is the third case of cross- retaliation authorized by a WTO arbitrator 6 under the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU).

 

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